HOUSE BILL 229
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
Candy Spence Ezzell
AN ACT
RELATING TO HORSE RACING; REMOVING CERTAIN EXCEPTIONS TO CONDUCT THAT REQUIRES DENIAL OR REVOCATION OF AN OCCUPATIONAL LICENSE; PROVIDING FOR AN EQUINE HEALTH AND TESTING ADVISOR TO REPLACE THE OFFICIAL CHEMIST; CLARIFYING THE DESIGNATION AND HANDLING OF TESTING SAMPLES; PROVIDING FOR COMPENSATION OF THE EQUINE HEALTH AND TESTING ADVISOR FROM THE RACEHORSE TESTING FUND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 60-1A-11 NMSA 1978 (being Laws 2007, Chapter 39, Section 11, as amended) is amended to read:
"60-1A-11. GRANTING A LICENSE--STANDARDS--DENIAL AND REVOCATION.--
A. A license shall not be issued or renewed unless the applicant has satisfied the commission that the applicant:
(1) is of good moral character, [honesty] is honest and has integrity;
(2) does not currently have a license suspended by a horse racing licensing authority in another jurisdiction;
(3) does not have any prior activities, criminal record, reputation, habits or associations that:
(a) pose a threat to the public interest;
(b) pose a threat to the effective regulation and control of horse racing; or
(c) create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of horse racing, the business of operating a horse racetrack licensed pursuant to the Horse Racing Act or the financial activities incidental to operating a horse racetrack;
(4) is qualified to be licensed consistent with the Horse Racing Act;
(5) has sufficient business probity, competence and experience in horse racing as determined by the commission;
(6) has proposed financing that is sufficient for the nature of the license and from a suitable source that meets the criteria set forth in this subsection; and
(7) is sufficiently capitalized pursuant to standards set by the commission to conduct the business covered by the license.
B. The commission shall establish by rule additional qualifications for a licensee as it deems in the public interest.
C. A person issued or applying for an occupational license who has positive test results for a controlled substance or who has been convicted of a violation of a federal or state controlled substance law shall be denied a license or shall be subject to revocation of an existing license unless sufficient evidence of rehabilitation is presented to the commission.
[D. If the commission finds that an applicant for an occupational license or an occupational licensee has been convicted of any of the provisions of Subsection E of this section, the applicant shall be denied the occupational license or the occupational licensee shall have the occupational license revoked. An occupational license shall not be issued by the commission to an applicant or occupational licensee for a period of five years from the date of denial or revocation pursuant to this subsection.
E. An occupational license may be denied or revoked]
D. The commission shall deny or revoke an occupational license if the applicant or occupational licensee, for the purpose of stimulating or depressing a racehorse or affecting its speed or stamina during a race or workout, is found to have:
(1) administered, attempted to administer or conspired to administer to a racehorse, internally, externally or by injection, a drug, chemical, stimulant or depressant, or other performance-altering substance as defined by the association of racing commissioners international, incorporated, or a successor organization or, if none, by another nationally recognized organization that has published substantially similar guidelines that are generally accepted in the horse racing industry as determined by the commission [unless the applicant or occupational licensee has been specifically permitted to do so by the commission or a steward]; or
(2) attempted to use, used or conspired with others to use an electrical or mechanical device, implement or instrument [except a commission-approved riding crop, unless the applicant or occupational licensee has been specifically permitted by the commission or a steward to use the device, implement or instrument].
E. An occupational license shall not be issued by the commission to an applicant or former occupational licensee for a period of five years from the date of denial or revocation pursuant to Subsection D of this section.
F. The burden of proving the qualifications of an applicant or licensee to be issued a license or have a license renewed shall be on the applicant or licensee."
SECTION 2. Section 60-1A-13 NMSA 1978 (being Laws 2007, Chapter 39, Section 13) is amended to read:
"60-1A-13. [OFFICIAL CHEMIST] EQUINE HEALTH AND TESTING ADVISOR--QUALIFICATIONS--DUTIES.--The commission shall [designate at least one official chemist] hire or contract with an equine health and testing advisor. An [official chemist] equine health and testing advisor shall be a doctor of veterinary medicine or shall hold a doctorate degree in chemistry or a related field and shall be knowledgeable and experienced in the techniques used for testing [the blood, urine and saliva of horses for drugs, chemicals, stimulants, depressants or other foreign substances not naturally occurring in a horse. The official chemist may be an employee of a private laboratory located in New Mexico or an employee of an agency of New Mexico] the specimens collected pursuant to Section 60-1A-14 NMSA 1978. The [official chemist] equine health and testing advisor shall exercise the duties prescribed by rules of the commission."
SECTION 3. Section 60-1A-14 NMSA 1978 (being Laws 2007, Chapter 39, Section 14, as amended) is amended to read:
"60-1A-14. TESTING SPECIMENS.--
A. The commission shall adopt rules applying to the handling of pre- and post-race, out-of-competition and necropsy testing of blood serum plasma, urine or other appropriate test samples identified by the commission to be taken from racehorses, following guidelines that meet or exceed the standards established in model rules published by the association of racing commissioners international, incorporated, or a successor organization or, if none, by another nationally recognized organization that has published substantially similar guidelines that are generally accepted in the horse racing industry as determined by the commission.
B. Each specimen taken from a racehorse shall be divided into two or more [equal] samples, and:
(1) one sample, designated as the "official sample", shall be tested by the commission or its designated laboratory in order to detect the presence of unauthorized drugs, chemicals, stimulants, depressants or other performance-altering substance as defined in guidelines published by the association of racing commissioners international, incorporated, or a successor organization or, if none, by another nationally recognized organization that has published substantially similar guidelines that are generally accepted in the horse racing industry as determined by the commission; and
(2) the [second sample shall] remaining samples, each designated as a "split sample", may be forwarded by the commission to the scientific laboratory division of the department of health or maintained by the commission in a manner that meets or exceeds the guidelines identified in Paragraph (1) of this subsection.
C. After a positive test result on the official sample tested by the commission or its designated laboratory and upon a written request from the president, executive director or manager of the New Mexico horsemen's association on forms designated by the commission, [the scientific laboratory division shall transmit the corresponding second sample to the New Mexico horsemen's association] a corresponding split sample shall be transferred to an independent laboratory in a manner prescribed by commission rule.
D. [The scientific laboratory division shall keep] All samples shall be kept in a controlled environment for a period of [at least three months] time specified by the commission in each case.
E. The commission shall contract with an independent laboratory to maintain a quality assurance program. The laboratory shall meet or exceed the current national laboratory standards for the testing of drugs or other foreign substances in a horse, as established by the association of racing commissioners international, incorporated, or of a successor organization or, if none, of another nationally recognized organization that has published substantially similar guidelines that are generally accepted in the horse racing industry."
SECTION 4. Section 60-1A-14.1 NMSA 1978 (being Laws 2013, Chapter 102, Section 1, as amended) is amended to read:
"60-1A-14.1. RACEHORSE TESTING FUND--CREATED--
PURPOSE.--The "racehorse testing fund" is created in the state treasury. The purpose of the fund is to ensure the testing of racehorses at a laboratory that meets or exceeds the current national laboratory standards for the testing of drugs or other foreign substances not naturally occurring in a horse, as established by the association of racing commissioners international, incorporated, or of a successor organization or, if none, of another nationally recognized organization that has published substantially similar guidelines that are generally accepted in the horse racing industry. The fund consists of one-half of the daily capital outlay tax appropriated and transferred pursuant to Paragraph (4) of Subsection A of Section 60-1A-20 NMSA 1978 and appropriations, gifts, grants and donations made to the fund. Income from investment of the fund shall be credited to the fund. The commission shall administer the racehorse testing fund, and money in the fund is appropriated to the commission for the handling of pre- and post-race, out-of-competition and necropsy testing of blood serum plasma, urine or other appropriate test samples taken from racehorses pursuant to Section 60-1A-14 NMSA 1978 [following guidelines that meet or exceed the standards established in model rules published by the association of racing commissioners international, incorporated, or a successor organization or, if none, by another nationally recognized organization that has published substantially similar guidelines that are generally accepted in the horse racing industry as determined by the commission] and to compensate the equine health and testing advisor employed or selected pursuant to Section 60-1A-13 NMSA 1978. Any unexpended or unencumbered balance remaining in the racehorse testing fund at the end of a fiscal year in excess of six hundred thousand dollars ($600,000) shall revert to the general fund. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the executive director of the commission."
SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.
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